TSG Water Resources (USVI), Inc.

TSG Water Resources (USVI), Inc. TSG Making Every Drop Count Customer Information Name: LSl LLC Attn: Daphne Wallace or Anna Rodriquez Address: 6100 Red hook Quarters B3 ** QUOTE ONLY-DO NOT PAY *11 Quote #: 50.2015.007 Date: 4/17/2015 Customer Code: 5020499 St Thomas VI USA 00802 Phone RFQ 50-2015-04-17-1 ISO Contact: Rich Murrill Fax: Terms: All Amounts Are in US$, Payment Due Prior to Commencing Work or Ordering Parts. Pricing is Valid for 30 Days. See Detailed Terms and Conditions Attached with this Quote. Quantity Description 2 Intake Pump and Motor LEAD TIME: 3.4 WEEKS, ARO QUOTE VALIDITY: 30 DAYS SHIPPING TERMS: FOB CUSTOMER'S FREIGHT FORWARDER, MIAMI, FL Unit Cost Extended Cost $5,937.98 $11,875.97 Subtotal $11,875.97 Shipping & Handling $364.65 Taxes $593.80 QUOTE Total $12,834.42 Florida - US Virgin Islands - British Virgin Islands - Anguilla - Turks & Caicos - Bahamas - Mexico Making Every Drop Count! EFTA01115527 Atoka:illy. These lams ac ecodaons of sale (these gem() we the arty Oro wan govern the sae of the goods (tootle) try TSG Water Resarces. Inc a Georgia corporation. or try of is sultrodianes or titled compiles (each may be referred to as 'Seer) b to buyer (toted on the invoice attached hereto rBuyerl The accompanying mode (She Invoice') and these 'erns (colecirvey. Its 'Agreement') comprise Inc etre agreement between the piles, and supersede al par a contemporaneous understandings. agreements. negations. represent/eons and warranties. and communmartnn. DON writer and oral These terms prevail beer any of Buyers general tarns aid Cenditions d Prohase regardless whether or when 6tyer has submiied is purchase order a Spat tern Fuglare* of Buyers order does not constitute acceetanceol any ol Buyers lams and conarbOnS and does not save fa malty or amend these toms 2 (tweet (a) The goods wit he Deivered within a reascnatto time ter the receipt of Buyer's purchase adv. subpot lo apanablity of Goods Setter shall nor be Sable for any delays. loss or damage in transit (0) II Seller is responsible la shppng the Gat. Seer shall deliver the goods so le location provided cn the invoce. twit' that if no location 6 spaded on the (niece Seer shit deter the Goods to Buyers last lawn address (such location he 'Delivery Pawn using Seta standard methods for packaging and Snipping such Goods If Buyer is responsible for shooing the Gods. the Delivery Pont shall to Sellers facility Iodated a! 2401 NE 18th Terrace. Sude B. Genesee FL 32609 Buyer shod lake delivery ol the Goods al he Otte" Point Buyer snail be (Oscanbe t al toeing cell and provide eguoret and tato reatothy wiled la receipt of the Goods at the °envy Pant. (c) Selo may, in its see Craton. ifictiOhl heady penalty. make pant shpmenls d Goals to Buyer. Each gunmen. will CO-Sligle a Separate sae. and Buyer shal pay lot the urds stunted wither such torrent is ,n whole a Partallutrrenl el Buyers purchase ado. (d) If for any reason Buyer tare lo acted deanery of any ol the Goods on the date fixed puree at to the Invoice a Sellers notice that the Goods have been del vered al Ste Delivery Pcinl. or " Seller is unable lo deliver the Goods al the Delivery Pont on such dale because Buyer has not trended aefrefriale instructions. olchrnene. I casts or katcruatons 0) risk Cl loss to Vie Goods shod pass to &get (r) the Goods shaft be deemed lo have been delivered: aid (hi) Sett al its torch may store the Goods unlit Buyer pcss Item up whereupon Buyer shall tie late for al reared costs and expenses 0neudrq, without knitted storage and 'thence) 3 SliQ2.1311/10b I "cams that be shipped n When/are we, one trnesce provided, however. Ind tll sbccuscege unless cintemse nosed on spigots tweet. are KS Seders faddy laved a 2401 NE 18' Terrace. Sere B. Concorde. FL 37609 4 Tile axl RSk of Los Idle and nsk of lass passes res Buyer van deter/ 64 no &RAS a the Delved' Pont As calaferal security Inc the payment a the Purchthe dice of the Goads, Buyer hereby grants So Seller a hen on and secuny interest n and to all of the right Ina and interest of Buyer in. no and under the Goods, Mehter located and whether row Otto a hereafter ensile a aqu red fain One VD Imo. and in all accesPons thereto and replacements or modifications thered, x wee as al proceeds (tat F9 insurance amends) of me foregoing The secunty inseral granted tinder ens provision constitutes a purchase money sanity interest under la Flout (Inform Cesare/cal Code 5 Ame.drtent and /thoddr,ation these 'erns may only to amended a rrossiti mewling when specifically stales teal il amends these Tams and is signed by an authorized represents' ne °leach party 6 *seedier, and Reece :0 of Nprrenfaminn Goontt (a) Buyer shal roped the Goods upon recap Hare vor be deemed to hare accepted the Goads °MS II nodes Seger m %ming of any Noncoesynti Goods withn lye (5) days ol recap( and furnishes etch written evdrce or other datmentatun as required by Seta 'Nonconforming Goode' mews cony the blowing () product shipped n date"( than ideated n Buyer's purchase order, or 00 products label 0' tamping nearer* bodies es conlents (0) II Buyer Many mules Sete of any lOncenlemng Goods, Seer slat in is sole deoadon, mare such Nancordonning Goods with conforming Goods, a Did credo or return the Price for such Ntincollerrning resorts. Bracher with any reasonatie Shebang and handling expenses incurred by Buyer in connection thetwo AI Sellers expense, Baer vial she at es risk d toss the µproviso/ming Goods to Seders tidily bated a12401 NE IP Terrace. Salle B. Gamow*. F L 32609 If Seer exercises to 000n to replace Nordadaming Goods. Soler shal, after receving Buys shipment of Notionlymng Gach, slop to Buyer. at Buyer's expense and risk of toss. the replaced Goods In the Dethery Pont (c) Buyer acknowledges aid agrees that the re-nodes sel lath in Section 6tb) are Buyers eiduthe remolds for the dettry ol Nonothlomung Goods II iced as fronded under Section 6(b) all sates of Seeds to Burr se made on a one-way basis and Buyer has no rght Is return Goods purchased tint. Ins Agreement be Sale' 7. EX& la) Buyer shall excuse the Goods tom Seller at the prices (the lidded') set brim en See. s hone lb) Al Prces excimve of all safes. J50 and OrCle taxes and atoms dines, and airy over solar Imes, dupes and charges of any kind nosed by any Governmental Aotanty on ary amounts payable by Buyer. Unless °tennis° speorcaly slate: to the conCary on Sellers Immo. Bider shall tie disponibe IN all such charges. costs and repo. provided that. Buys- shall not tie responsible b' any taxes imposed on. a with respect lo. Sole's income, revenues. toss receipts personnel a real a PelOnal property of art assets of Sete. 8 Panimwril Terrt (a) Buyer namely reputes payment in advance Should Seer extend fermis to Boyer. Buyer 5051 pay al inn:reed amourti due Is Seller within the Imo prOvided ern the Irmo ce, provided rho in the thrall no lime is Sd form. Buyer shall pay at such invoiced annurre upon receipt ol Sellers invoce. Unless otherwise speoprialy stated to the conitry on Seer's Invoice. Buye' that mate all payments hereunder by wire Vanier in VS dollen (b) Shoal Buyer have terms with Selo. Wirer Shall pry interest on al tole payments at the lesser ate rate d 1 5% per math cr pie trphest rate perrrisube under appicatle law. can:pant daly and tanneunded marehly Buyer shall aka reimburse Seller fix al costs mired n colectng any late paymenre. educe% whoa thmtgai attorneys lees M &Mtn to al other rerredet ware* order Pone Terms or slate (*Itch Seller does not wave by the exercise or any rights hereunder). Seller than be ensiled to suspend the delite.y of any Coeds d Buyer fah In pay any amounts when due nereunder and such fa lure wants to len (ID) days brown; writer notes thereof (c) Buyer she' not *mho] payment of wry amounts tht and payable by lean, ci any setert of any dam a dispels with Seller 9 tined Wamantp (a) Seder warrafts Ina al makings and Kap-rent furnished under this Agreement wil be new unless otherwise speoriee arid in conformance win Payers state ode-. With respect to any Correaneals 0' at dens of equipment provided by Saner as to which the manufacture' dotes a widen *avant,. Buyer that' soY"Y Jane said walla*. prerdod awever. that Seller snail assist Buyer with respect lo any darn of Royer used xy such warrarry Seller sear and does hereby assign to Buyer al wanantres of all manufactures and suppers Seller Sunny warrants Plat the Goods vat cordomn to the Purchase Ciao and. if no watanty .5 fronded by a rrenulatorer, wJ be tree from Patti in materials and warlirnanihrp [Draper:CA cd one yea' "an the dale a sh email This waren ft excludes any damage or depot caused by abuse, roaloaloa not executed a approved in wrung by 59kri improper a insuffnenl maintenance. and improper operetta a normal weer and lea. Buyers sole and exclusive remedy fa a breach of this warranty shall be he repar a replacement of the Goods in Scles's stile 6soresion. Buyer shall be responsible for al COSts of strong and for all dares. tares and costs associated with the imponaan and oportalon of Gets in connection with Its warranty In Order or an item to be censidered under Ins warranty Buyer shal return to Seller tie tem as to which a warmly dam is being made at Buyers sot expense. It Set determines nit the den is covered by this warranty. Seller shal reduce or repay the irem in Seers see dovenon and prompt prone the dem 53 Buyer Ary °este labia regured for the rersreinten a mot of any "cm carved by Plus warranty sing be derided by Buyer OTHER THAN AS SPECIFICALLY SET FORTH HEREIN, SELLER MANES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS: SELLER DISCLAPAS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE; AND SELLER SHALL NOT BE EARLE FOR MY DAMAGES CAUSED IN CONNECTION THEREOF. 10 I inn oust er I Labia( (a) IN NO EVENT SHALL SELLER BE LIABLE FOR My CONSEQUENTIAL. INDIRECT, INCIDENTAL. SPECIAL. EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO Alit BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY FORESEEN BY BUYER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOIWITHSTANDNG THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. (b( IN NO EVENT SHALL SELLERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS SOLD HEREUNDER 1. Gannet:tiers as Returns Once a BorthaSt Cider has been accepted by Selo and Sellers twice has tan slued. cancellation ed the Sag by Buyer 6 ncl putted and attempted earspla001 wit be vod Fanner. the return a Goods by Buyer no Seiler rill tad be mimed without Sellers pro miser wart/gen 12 Catialadie with Law Buyer shall arty with all applicable 'aws. 'augers and ordnance Buyer tar rrantan in effect all the Incenses, perrissas. authorizations. consents and cats Oar 4 needs to carry ea its obigabons under this Agreement Buyer shal amply with at export and rrnperl ass 01 al cartes inns:nod n me sale of the Gads under los Agreement a any lege of the Goods by Bum Biste. assumes al fox/reit/rig for short% el Goods rooting any government in.oarl clearance Serer may terminate This Agreement il any governmental authority imposes antidumping a counlervaling duties or arty ORIN penalties on Goods .3 omit al In Milton to any remedies Ina( may be raided under these Terms. Serer may barons* 055 /cower: wilt mimed* eta" upon written mace to Buyer. it Buyer Cr) lads to pay any amount when due under this Agreement or any otter agreemenl between Bayer and Sere or any artier ag.eemere between Buyer and Seiler, DO has no: otherwise Want or collared with any of these Terms in whole a in pal. a Did [ocelot inciOvent sales a prewar for bankruptcy or commences or has commenced agansl d proceedings .elang lo bankruptcy. recevershp, reorganizer/on a assignment ice the bene6l aerators '4 War- No want Dy Se ler d any °floe Orernspns of ins Agreetrel .5 effective unless export set forth a/ wising and signed by self% No !alum to exercise. oelay in exercising. any ughtS. reared* pent or panicle arising from Ines Agicuriont operenes or may be construed as a want thereof No style a Paint ererrt5e 54 any right remedy. power or prmtegc hereunder precludes any other or further exere.se thereof a the exercise o' any other opt mimed/. Pate' a Privlage 15 Force Mature. Seller vial not De iabervresponSble to Bger, nor be deemed Is have defauted breached this Agreement for any taurea de ay in had ng or performing any term el to ereenex when and to to extent such late or delays caused by CY resells from ads or circumstances beyond the reasonable control eV Serer ocecing. without triton. xis of God. 'ood. fire hancthe. ealloMe. explosion. governmental sobers. war. in/awn or hoslibes (whether war is declared o ra). lerreng Wen or acts, not. or other of l unrest naoral emergency. revolution rsurreolon epidemic, tore outs sakes a ether aria disputes (whether of not relating to ether arty s wandlace), a restraints or delays attesting Carriers or nary Ny o' delay in °Waning suppnes o' adequate or whible materens. marinas a leleccimrtincaton breakdown a power outage. provided that. it Me event in quintrat continues la a roe Wsuous penal in excess of thirty (3)) days. Buyer snag be envied to give notice in editing to Sella lo terminate this Agreement '6 Assitment Buyer shal rot assign any a its rights a delegate any of in othgaboa urger tic Aver-nem without tne per wino, consent of Sete. My purported assignment a delegation n natal ol this Seaton is rull and void lb assignment a doogalion mitres Nye( a any 01 B obfgabons under ths Agreement 'I Retelendoe of the fl' es the rOtainn5b-P between the parties is that of relepenichl contacts Noth(ng centered in this Ag-arnet shal be construed as creating any agency. partnerehip. pint venture a other bin of prt enterprise, empoyment 57uera.y relate's)* Whiten the pants, and neither party shall nate authonly to central fa: or bind the other party in any manner whatsoever 18 No Thro.Paly Benerganes This Agleerrent as to Pre sae benem d the Parties hereto and their respechve successors and pernidlei assigns ani nothing herein, protons or implied, is intended to o oval confer upon any other person or orgy any egal or equitable right tenet a remedy a any ralure whatever undo ci by reason of these Terms. 19 Gonernino Law All mats arcing our ot a relating to tic Agreement we governed by and construed in accordance with to internal Ova of the Stale of Fonda. the pates agreeing that tae sae d Goods occurs in the Stale ol Sande. witted gni mg elecl to any chase a anklet law provision cr rute (whether tie Stale ol Pont) a ay abet ionsdcbon) Mat woud cause the applicabOn of the taws of any tuf6OCtvn other than those of the Slate ol Florida 20 %Midi*" to Jurisdiction Any legal suit tom a p.occoang wrung oat of a relating to this Agreemere shall be romuled in the federal courts of the Linden Slates of America Cr the counts of the Seale cl Moeda in each case Neared in tie City of Ganesnlle. and Carey ol Alachua. at cash party rrevocatty sari is to tie exclusive fUriSclelici O1 watt Courts in any such sue, action a proceeding 21 Noakes. Al nacos. request consents, Clang. demands, wavers and one communcabons he'eunder (wit a 'Notice% stn be rivalling and addtessed 10 to Paces al the athe'esses se: lot on the lace of the Invoice or to such other aicress trot may Ire designated by the recervrg party n venting All Notices shal be dedvereC by personal deity rationally recognized overmohl carer (thth ail lees pre. pan). lacsanie or ermal Oath conhirrhan of transmission) or culled a cantered mail (in each case. return receipt requested, postage prepat Except as otherwsc provided r this Agreement. a Notes to tenetye only (a) upon rece pl of the receiving party. ad (b) d the ergot/nig the Bence has corrtiet with the regimerrents of this Saban 22 iprpratili& It any Penn a prOviSal a this Agreement is matt [legal or unenforceable in any surabetam. such invalidity, ilegalty co. °nee/toot:MN shall roc affect any other term or transit of Ins Agreement a rivaldale 0' 'tilde scienSyceatle such trm a prevision n any other prisoliolion 23 fisreival Provisions ol these Terms which by thci. ran should Andy mond their tat via remain in tree after any lerrninalon or expiration of This Order including. but not ante le. tefoleding prowsicns C.emp.a .ce with Laws, Confidentiality, Cowering Law. Subrrisson ID Junisdcboo and Survival EFTA01115528